5. Base of Recommendation for Appointment:
(1) The Judicial Council, in accordance with the principle of proportional inclusion under the Constitution,
shall make recommendation to the Nepali Citizen for appointment in the post of judge.
(A) Qualified to make appointment in the post of Judge in accordance with the Constitution and this Act,
(B) Having appropriate to appoint in the post of Judge in aspect of seniority, experience, knowledge of subject matter, efficiency, honesty, impartiality, professional and moral conduct, goodwill earned in public life, contribution given in the field of justice and law, etc.,
(C) Containing name in the record maintain in accordance with Section 3,
(D) With regard to the District Judge to be appointed in accordance with Part (B) or (C) of Sub-Article (2) of Article 149 of the Constitution, recommended by Judicial Service Commission in accordance with Sub-Article (3) of same Article.
(2) Notwithstanding anything contained in Part (C) of Sub-Section (1), there shall not be any obstacle to appoint such person in the post of Judge due to not mentioning the name in the record maintained as per the Section 3.
(3) The Council shall, in the course of making recommendation for the appointment of any person working as sitting Judge of any court or already performed the function as the Judge of any court or as an additional Judge of
Appellate Court or an Officer of Judicial Service, in the post of Justice of Supreme Court or in the post of Judge of High Court, take the following matters into consideration in addition to the basis as mentioned in Sub-Section
(1): (A) Matters mentioned in the report submitted by the Supreme Court or High Court after periodic or casual inspection of respective inferior Courts in respect of the person planning to make
recommendation for appointment;
(B) Seniority, qualification and performance evaluation of concerned person,
(C) In respect of sitting Judge of High Court or District Court or the person already performed the function as the Judge of any court or as an additional Judge of Appellate Court, details of ratio of judgment/decision made by him/her per year and ratio of acceptance or partial or complete annulment by superior Court
while making final decision.
Provided however that in respect of the person already performed the function as the Judge of any court or as an additional Judge of Appellate Court, while confirming the ratio/proportion of decision/judgment made by him/her per annum, the ratio should be confirmed on the basis of ratio/proportion of the decision/judgment of the case made by him/her in his/her service period.
(4) The Judicial Council shall, in the course of making recommendation for the appointment of any lawyer or person working in the field of justice and law in the post of Judge, take into consideration the matters like professional
continuation and contribution made in the field of justice and law and details regarding his/her previous service, if any in addition to the matter as mentioned in Sub-Section (1).
(5) The Judicial Council may, for the purpose of Part (B) of Sub-Section (1) and Sub-Section (3) collect the inspection report, report relating to performance or evaluation and other details in respect to service from concerned Court or office and study